Revolutionary War Pension and Bounty Land Warrant Application File W. 23108, Stephen Gibbs, Mass.

SERVICE
NUMBER
Mass.
Gibbs, Stephen Notable
W 23108
CONTENTS

N o 18428 Vermont
Stephen Gibbs
of Windsor Co. in the State of Vermont who was a Private in the Company commanded by Captain Partridge of the Regt. commanded by Col. Goodwin in the Mass. Troops time for 7 months
Inscribed on the Roll of Vermont at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 30 day of August 1833 and sent to M. Palmer Woodstock Vt.
Arrears to the 4th of March 1833 46> 46.66 Semi-ann. allowance ending to Sep. 1833 12.66
$ 58.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown
Clerk,
Book E. Vol. 3 Page 66

8970
Remond Montpelier Mehitable Gibbs  deceased widow of Stephen who was a Private in the Resolution
Inscribed on the Roll at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1843.
8 Enlg 30 th March 1847
Certificate of Pension issued the 4 th day of April 1831 and sent to
Walter Palmer Woodstock Vermont
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A. 13 Vol. 2 , Page

7076
Mehitable Gibbs-
Yrs
Act. T. July 38-

State of Vermont ) On this 6th day of May 1840 Windsor County ) personally appeared before the District of Hartford ) Judge of the Probate Court of Hartford District now sitting Mehitable Gibbs a resident of Pownal in the County of Windsor in the State of Vermont, aged seventy seven years who being first duly sworn according to law, did on her oath make the following Declaration in order to obtain the benefit of the provisions made by the act of Congress passed July 7th 1838, entitled "An act granting half pay and pensions to certain Widows"
That she is the widow of Stephen Gibbs who was a Soldier of the Revolution who was placed on the pension list under the act of 7th June 1832 the evidence of whose Military services in the Revolution are now in the Pension Office of the United States to which she refers for the support of her claim for a pension
She further declares that she was married to the said Stephen Gibbs (in the town of Wareham in the County of Plymouth in the State of Massachusetts) in the month of June Seventeen hundred and eighty two (the day of the month she does not recollect) That her husband the aforesaid Stephen Gibbs died on the Nineteenth day of August A.D. 1835 that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and ninety four, viz at the time above stated
Mehitable Gibbs
Sworn to and subscribed on the day and year first above written
Before James Udall Judge of Probate

State of Vermont } On this 6th day of May 1840 Windsor County } personally appeared before the Subscriber a justice of the Peace within & for said County Mehitable Gibbs a resident of Pomfret in said County aged 77 years who being first duly sworn according to law doth depose & say that she is the widow of Stephen Gibbs mentioned in the foregoing declaration that her name before her marriage was Mehitable Bourn that she knows of no person now living who was present at her marriage with the said Stephen Gibbs that she was married by Noah Farnum Esquire a justice of the Peace who after that went to the Western Country but whither he is living or not she does not know
Mehitable Gibbs
Sworn to and subscribed on the day & year first above written Before
Walter Palmer Just Peace
State of Vermont } On this 6th day of May 1840 Windsor County } personally appeared before the Subscriber a justice of the Peace within & for said County Phebe Gibbs a resident of Pomfret in said County aged 48 years who being first duly sworn according to law doth depose & say that she is the wife of a son of Stephen & Mehitable Gibbs that the said Stephen Gibbs died at said Pomfret on the 19th day of August 1835 (and) that the said Mehitable Gibbs is now a widow (and) has remained a widow ever since the death of the said Stephen Gibbs, that the said Mehitable is now living and resides with her in said Pomfret
Phebe Gibbs
Sworn to (and) subscribed on the day (and) year first above written
Before Walter Palmer Just Peace

State of Vermont Windsor County ss Hartford District
I Orl Billings Register of the Probate Court of the District aforesaid, do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of Mehitable Gibbs for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 6 th Day of May 1840
Orl Billings Register.

Stephen Gibbs Declaration
5795
Stephen Gibbs 5795

STATE OF VERMONT, WINDSOR COUNTY, ss. }
On this 14 th day of August A. D. 1832 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, Stephen Gibbs - a resident of the county of Windsor and State of Vermont, aged 77 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
in 1776 he lived in Plymouth in Massachusetts, the 1st of November on the first of December in said year he enlisted into Capt. Partridge Company (State troops) for three months marched to Bristol Rhode Island where Samuel Colo Johnson Regiment (as he thinks) joined the time out then returned home, during which time the British made an attempt to take it 1778 in the month of Septem- ber he enlisted into Capt. Curtis Company for three months (State troops) the name of the Colo that commanded the Regiment does not recalled marched to the State of Rhode Island was stationed at a place called Beavercroft point a part of the time the other part at Slader Barnes served out his time then returned home in 1781 he lived in Warrnam in said State the first of March he enlisted for one month into Capt. Stephen Churchill Company, which in Colo Goodwin's Regiment marched to Rhode Island was stationed on Bull Hill so called served his time out & returned home
That he knew Genl.
He has no documentary evidence and knows of no person whose testimony he can produce who can help to his service. He was born in Sandwich Massachusetts the 29 th day of February A D 1755, when it is recorded in 1784 he removed to the town Middleborough Massachusetts lived there about fourteen years then removed to Bridgewater Vermont where he has ever since lived, by living near the line of Woodstock is known to many of the inhabi- tants of both towns in particular to Dea. Uriah Smith

Bela Simmons and David Thompson Esquire who can testify to his character for veracity & their belief of his services as a Soldier of the Revolution
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed the } day and year aforesaid. }
L M Marsh, Register Stephen Gibbs
We, Uriah Smith a Clergyman residing in Barnard and Bela Simmons residing in the same place  Woolstock , hereby certify, that we are well acquainted with Stephen Gibbs who has subscribed and sworn to the above declaration, that we believe him to be 77 years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the } day and year aforesaid. }
L M Marsh, Register
Uriah Smith Bela Simmons
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Uriah Smith who has signed the preceding certificate, is a Clergyman, resident in Barnard and that Bela Simmons who has also signed the same, is a resident in Woolstock — and is a credible person, and that their statement is entitled to credit.
I, Lyndon Marsh Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Stephen Gibbs for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this fourth day of August A. D. 1832
L M Marsh, Register

State of Vermont Hartford District, ss
Probate Office, Woodstock February 28, A. D. 1880
I, Lyndon A. Marsh, Register of the Probate Court of said District, do hereby certify, that satisfactory evidence has, this day, been exhibited to said Court, to prove that Mehitable Gibbs, the Widow of Stephen Gibbs late of Pomfret in said District, deceased, died, at Pomfret aforesaid, on the thirtieth or the thirty first day of March, A. D. 1847; and that the said Widow left the following named children, viz. Asenath Walcut, residing in Stockbridge, Polly Thomas, residing in Bridg- water, both in said District and Stephen Gibbs, residing in the State of Michigan, being all the children, now living.
In testimony whereof, I do hereunto affix the seal of said Court, at said Probate Office the day and year above written.
L. A. Marsh, Register

State of Vermont } On the 10 th day of May 1840 Windsor County } personally appeared before the subscriber a justice of the Peace within & for said County Josiah Gibbs a resident of Bridgewater in said County aged 77 years who being first duly sworn according to law doth depose & say That he is a brother of Stephen Gibbs late of Pomfret in said County deceased a Revolutionary Pensioner of the United States That he is acquainted with Metitable Gibbs the widow of the said Stephen Gibbs (who before marriage was Metitable Bourn) That the said Stephen & Metitable were married (as he understood) at Wrentham in the County of Plymouth in the State of Massachusetts in the month of June 1782 That from that time untill the year 1835 he and the said Stephen lived near neighbours That the said Stephen & Metitable even after the marriage lived together as husband & wife untill the said Stephen died; at short time previous the said Stephen having removed to Pomfret in said County of Windsor a distance from said Bridgewater of about Nine Miles, That he and the said Stephen removed from Massachusetts about the same time into the said Town of Bridgewater (and settled in the same neighbourhood; That the said Stephen & Metitable had a family of Children Nine in number, the oldest of living would now be 57 - years of age That they have Children now living that are fifty years of age or more Josiah Gibbs
Sworn to and subscribed on the day and year first above written
Before Walter Palmer
Justice of the Peace

State of Vermont Windsor County } }
I. Norman Williams, Clerk of the County Court of the County of Windsor in the State of Vermont, do hereby certify that Walter Palmer is an acting justice of the peace in and for said county of Windsor duly commissioned and qualified - that his commission is dated on the twenty fifth day of November last and will expire on the thirtieth day of November next - and that his signature foregoing is genuine. Given under my hand and the seal of said court at Woodstock in the county of Windsor this sixteenth day of May AD 1840
N. Williams. Clerk

State of Vermont Hartford District
On this 16 th day of December A D 1850 personally appeared before the Hon ble the Probate Court of the district of Hartford aforesaid Polly Thomas a resident of Bridgewater in said District aged 53 years, who being sworn according to law, doth on her Oath make the following declaration in order to obtain the benefit of the provisions made by the Acts of Congress passed July 7. 1838, of March 3 rd 1843, and of June 17. 1844, with the benefit of the joint resolution of Congress of July 1. 1848, all in relation to pension for certain persons.
That she is the Daughter of Stephen & Mehitable Gibbs late of said Bridgewater deceased and that her father Stephen Gibbs aforesaid during the revolutionary war resided in Wareham in the State of Mass s and went out as a Soldier in said Revolutionary War, and served as set forth in his declaration made under the Act of June 7 th 1832, and drew a pension to the time of his death of $23.33 - per annum.
She further declares that her Mothers name before marriage was Mehitable Bourne and that her said father & Mother were married as she has always understood at said Wareham about the year 1780, by Noah Hearing Esq, a Justice of the Peace, but the day & month she is unable to tell, as there was never to her knowledge or belief any family record kept by her said parents.
She also declares that her said father Stephen Gibbs, died at Pomfret in said District on the 18 th day of August 1835, and that her Mother said Mehitable Gibbs died at said Pomfret on the 1 st day of April 1847, and left but two Children living viz. Aseneth Woolcutt and Polly Thomas the declarant, and her said Mother never drew a pension and therefore she claims what was due her mother which was never obtained.
Witness Col. Billings
Wm L. Loveland
Polly Thomas
Sworn to and subscribed on the day and year first above written.
John Porter Justice

State of Vermont } Hartford District }
I Lyndon A. Marsh Register of the Court of Probate of the district of Hartford aforesaid do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Polly Thomas, daughter of the late Stephen & Mehitable Gibbs for a pension. And I
further certify that Satisfactory evidence has been exhibited to said Court, that said Stephen Gibbs was a pensioner of the United States at the rate of $23.33. per annum and that he died at Pomfret in said district on the 18 th day of August 1835. and left a Widow whose name was Mehitable Gibbs and that she said Widow died at said Pomfret on the 1 st day of April 1847. leaving two children only, and daughters viz Arseneth Woolcutt, and Polly Thomas the signer of the foregoing declaration.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Woodstock this sixteenth day of December, A. D. 1850.
L. A. Marsh, Register.

Rev
WIDOW, &c.
Rev
File No. 23108
Melitah Gibbs
widow of Stephen Gibbs
Dec 1861
Act: March 3rd / 43 of June 1870
Index:—Vol. A , Page 274
[Arrangement of 1870.]

Set Oct Billings Aug 26/51.
11.1173
Vermont Montpelier
Mehitable Gibbs deed
Widow of Stephen Gibbs who was a pensioner under the Act of 1832 and who died on the 19 th August 1835 of Hanover in the State of Vermont who was a private in the Company commanded by Captain Patridge of the Regt commanded by Col Goodwin in the Mass line for troops Immed ly
Inscribed on the Roll of Montpelier at the rate of $3 Dollars 33 Cents per annum, to commence on the 4 th day of March, 1836.
Certificate of Pension issued the 14 th day of April 1837 and sent to Walter Palmer Esq Woodstock Total amount, $ Vermont
[Act July 7, 1838.]
Recorded by D. H. Wrightman Clerk, Book Q Vol. 1. Page 129

Know all men by these Presents That we Nathan Basset of Wareham in the County of Plymouth Blacksmith and Mary Basset his wife and Stephen Gibbs a man of Wareham in the County aforesaid and Mehitable Gibbs his wife for and in Consideration of the sum of two hundred sixty Pounds we do quit Claim and give up all our right and and title in our fathers Ebenezer Bourns Estate late of Wareham Decd unto Ebenezer Bourn and Benjamin Bourn a man of Wareham in the County aforesaid Both real and personal all our rights in third or Dower or any other Claims upon any part or parcel of the said Estate we do exonerate a quit Claim to the aforesaid Ebenezer & Benjamin our heirs Executors and administrators for Ever hereafter by these Presents to have and to hold in full possession for Ever hereafter in witness where we have set our hands and Seals this the seventeenth Day of September A.D. one Thousand seven hundred and Eightytwo
Sealed & Del. In presence of
Stephen Bourn Mercy Stearns
Nathan Basset Mary Basset Stephen Gibbs Mehitable Gibbs

Plymouth 18 December 22:1782 Then the within named Stephen Gibbs and Nicholas his wife Personally appeared Before me and acknowledged this within written instrument to be their act and deed Noah Hearing justice of Peace
Plymouth Dec 22 1782 then the within named Nathan Powell and Mary his wife Personally appeared before me and acknowledged this within written instrument to be their act and deed Noah Hearing justice of Peace
A quit Claim
Plymouth S. January. 22. 1783. - Received & Recorded with the Records of Deeds for the County of Plymouth. Book. 60. Folio. 221. - - - John Dotton Regt.
Paid. .
Jan 22
to Ebenezer Dyer & John Dutton 1782 Baptist Church, Middlesex
Gibbs, Stephen Mass W23108

7076
✓ 14
See let. to Walter Palmer
July 2, 1840.
Same Nov 26/49
Heir of Collander pay
13, 49.
let Walter Palmer 12 th June 1830
at same June 27/50
Act 7 July 38

Stephen Gibbs -
76. Capt. Partridge
X X
RJ
3
75. - Charles
3
77. Stephen Churchill 1.117- c oh
2397X

The balance Gibbs due for
Acc 7 July 1838
Ad 7 mo Pri. $
23.33 per ann from
4 th Dec 1836 to 30th
1847, except 2 years -
Payable to Asenath Walcutt, Polly Thomas & Stephen Gibbs, her only surviving children.
Leave unit to Walter Palmer Norfolk N.E.

Woodstock Vt May 26. 1851
Sir
In December last I forwarded the declaration and other papers of Polly Thomas daughter of Stephen and Mehitable Gibbs in order to obtain for said Polly and her sister Mrs Moolcutt the only surviving children now living of said Stephen & Mehitable the pension due their said Mother at her decease which said children were entitled to, I have expected every day for some time past to receive an answer to my said application, but to day I learn for the first time that a certificate has been forwarded to Walter Palmer who was much surprised to find it in the office, but who undertook to procure a pension for the widow in her life, but failed in the attempt - After some years had elapsed and the pension had not been obtained, the said children came to me and agreed to employ me after their mother had been dead some few years to procure them the arrear of pension due at her death, having never had any conversation with said Palmer on the subject - I accordingly made said Polly's declaration, went down on the cape in the state of Mass. for evidence of the marriage of said Stephen and Mehitable and succeeded in proving that they were married before 1782 by forwarding the original Quit claim deed which they gave of their interest in their fathers estate in 1782 and also Mr Bourns and Mrs Washburns affidavit all which proved they were married before 1782. I now write for the purpose of being informed, whether there was not a mistake in sending to said Palmer the certificate, and if so please order him to deliver the same to me, that I may perform what I had agreed to perform with said children - I hope for an immediate answer. I am Respectfully your Obedt Servt. Col James E. Heath Commissioner of Pensions Washington City. Orl Billings

Wootstock Vt Nov 13. 1849
Sir
I wish once more to call your attention to the case of Melible Gibbs, widow of Stephen Gibbs In your answer to my former inquiry you say, that if she be now living she may be entitled to a pension, if the proof of the marriage be made &c Mrs Gibbs is not living she having died since making her declaration, I suppose that if entitled to a pension that it would be granted for the benefit of her children. That is, her decree since making her declaration would make no difference in granting a pension, if so I wish to be informed, In relation to the marriage as no record can be found you have a certificate to that effect among the papers now on file and I believe testimony of their living together as husband and wife, and having a family of children &c, but if not that can be furnished
Respectfully yours Walter Palmer
Hon J L Edwards Commr of Pensions Washington D.C —

Pension Office, November, 26 th 1849.
Sir,
In reply to your letter of the 13 th instant; in the case of Mehitable Gibbs, deceased widow of Stephen Gibbs, under act 7 th July 1838, I have to state that no decision can be had untill it shall be shewn when she died. In case the claim should be allowed the children now surviving her only would be entitled.
Very respectfully, Your Obad Servant, J S Edwards
Walter Palmer, Esq., Woodstock, Vermont.

Woodstock Vt. December 17. 1850
Sir I enclose the declaration of Polly Thomas the daughter of Stephen Gibbs deceased, who in his life time was a pensioner of the United States under the Act of June 7 th 1832, and drew a pension of $23.33 per annum. He left a Widow whose name was Mehitable Gibbs, who died the 1 st day of April 1847, and never obtained her pension. The daughter aforesaid, now seeks to obtain the amount due her mother at at her death, and I hope for a speedy return
I am Respectfully your Obedt Servt. Ocl Billings
Col. James E Heath Comm d of Pensions Washington City D.C.

Woodstock Vt March first 1850
Sir
I herewith enclose a Certificate from the Probate Court, in the case of Michael Gibbs, widow of Stephen Gibbs, late of Pomfret deceased, whose application for a pension is now pending Respectfully yours Walter Palmer
Hon J L Edwards Commr of Pensions Washington D.C. —

June 5 th Woodstock Vt. May 20 th 1850
Sir
Unanswered
I some time since addressed an inquiry Whither or not, Folsom Vaughan of Middlebo- rough Mass. a Soldier of the revolution (but since deceased), was entitled to bounty lands. he served three years, belonged to Capt Benson Company, in Col. Putnam's Regiment, was discharged June 14 th 1780 and not receiving an answer, I thought possible the letter might miscarry.
I wish also to call up the case of Mehitable Gibbs widow of Stephen Gibbs who claims a pension, and if any thing further is necessary to be done please inform me
Respectfully yours Walter Palmer
enlisted 15 th May for 3 years 1777
Hon J L Edwards Commr of Pensions Washington D.C.

Woodstock Vt June 7th 1850
Sir
I have recd a copy of a letter to Mr Collamer, in relation to the case of Mehitable Gibbs, widow of Stephen Gibbs deceased, a revolutionary Spasmer, which letter I recd from Mr Collamer, which was dated January 1849 (not 1850) And on the 13th of November 1849 I again wrote and recd the enclosed letter in answer. I supposed that inasmuch as Mrs Gibbs had in her lifetime made her declaration, that if she was entitled to a pension, it would be granted for the benefit of her children, on proof of her death, and also of the number of children now living, and accordingly, soon after I recd the enclosed, I made satisfactory proof before the Probate Court of this District, of the time she died, and also of the number and names of her children now living, and procured a Certificate from said Court, duly authenticated, and forwarded it to the Pension Office. And what I wanted to be informed was, whether or not, any thing further was necessary to be done provided her case was made out otherwise &c
In relation to proof of the marriage if I am not mistaken, we procured a Certificate

from the town clerk of the town where they were married, that no record could be found but we proved that they lived together as husband and wife, and had a family of children &c which is all I suppose we can do, as I know of no one who was present at the marriage I had supposed that proof of living together and having children previous to 1794, was sufficient, if that was the best proof that could be obtained. It is sometime since the testimony was taken in the case, and not having a copy of the same, I may not recollect it, I wish therefore the case might be again examined, and I might be informed the exact situation of the case.
Respectfully yours
Walter Palmer
Hon J L Edmonds
Commr of Pensions
Washington
Feb -

Woodstock P.T. May 16th 1840
Sir Enclosed with this are the papers in the case of Mahitable Gibbs Widow of Stephen Gibbs deceased a Revolutionary pensioner of the United States, who claims a pension under the act of 7th July 1838 which when examined I wish the return directed to me —
Respectfully yours
Walter Palmer
Hon J. L. Edwards Commissioner of Pensions

Commonwealth of Massachusetts. Plymouth County ss. Town of Hingham March 31 st 1840
I William Bates of Hingham in the County of Plymouth and Commonwealth of Massachusetts do depose and say that I hold the office of Clerk of the town of Hingham in the County and state aforesaid - and that I have diligently searched the Records of said town for the marriage of Stephen Gibbs and Mettable Bourne and do not find the same recorded therein. -
W m Bates Clerk of the town of Hingham. - -
Plymouth ss. March 31 st 1840 Then the above named William Bates, whom I certify to be a credible witness, personally appeared and made oath in due form of Law that the above deposition by him subscribed is true.
Before me Seth Miller Jr, Justice of the peace
Commonwealth of Massachusetts
County of Plymouth -
Clerks Office April 3 1840
I W m Morris Clerk of the Superior Court for the said County of Plymouth hereby certify that Seth Miller Jr as before named the foregoing Affidavit was sworn to before me Justice of the peace for the said County of Plymouth duly commissioned & qualified - And that his signature before written is genuine.
In testimony whereof I have hereunto sets my hand & affixed the seal of the Court at Plymouth this 3 rd day of April 1840
W m Morris

3895
Stephen Gibbs
✓
Wm months $23.33 end
Walter Palmer
net

WAR DEPARTMENT,
Pension Office,
April 23
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjóined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
M r Stephen Gills
Windsor.
us

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration ; that we believe him to be years of age ; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] The traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Claimant should whether there are survivors of each term of service

Commonwealth of Massachusetts.
Secretary's Office, Boston, November 27 th 1830.
I hereby Certify, That at the date of the annexed attestation Seth Miller Jr. was a Justice of the Peace for the County of Plymouth,
in the said Commonwealth, duly commissioned and qualified; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
M. Hall
Secretary of the Commonwealth.

Town of Wareham Plymouth County Commonwealth of Massachusetts
I hereby Certify that in the application for the Marriage of Stephen Gibbs and Abigail Fournier that I have thoroughly Examined the records of said Town of Wareham for that purpose and no such record can be found Isaac J. Lincoln Town Clerk
I Isaac J. Lincoln above named depose and say that I hold the office of Town Clerk of Wareham in the County of Plymouth and Commonwealth of Massachusetts and that the above Certificate is true
Isaac J. Lincoln Town Clerk
Commonwealth of Massachusetts Plymouth County
ss Town of Wareham
November 26 th 1859
Sworn to before me
Setch Miller Jr Justice Peace

I Thomas Washburn of Wareham in the County of Plymouth and Commonwealth of Massachusetts in the eighty ninth year of my age, do testify and say, that I, when a boy, knew Stephen Gibbs and Mehitable Bourne then of Wareham, I was acquainted with both of them before they were married, I then resided within two miles of both of them, and well recollect the time it was said they were married, I was not at their wedding, But I am certain that they were married previous to the year seventeen hundred and eighty, for the reason that it was before I entered into the service of the country as a soldier, I continued my acquaint- ance with them till they moved into the country and left Wareham; and they lived together as husband and wife and they had children before they moved away from here.
witnes
Eliza Washburn
Thomas his  Washburn mark
Commonwealth of Massachusetts ss. Plymouth County, Town of Wareham
November 26 th 1850 Then the above named Thomas Washburn personally appeared and deposed the foregoing Deposition and subscribed the same by making his mark and made oath to the truth of the same And I certify that I have known the Deponent for more than twenty years and that his character for truth & veracity is good and that he is a credible witness.
Before me Seth Miller Jr Justice of the Peace

I Silvani Bourne of Wareham in the County of Plymouth in the State of Massachusetts in the fifty fourth year of my age do testify and say that I am the son of Benjamin Bourne who had a sister named Mehetael Bourne who married Stephen Gibbs with whom she lived many years and had children all of whom visited my father when I was about sixteen years of age.
I have been Town Clerk and am well acquainted with the Town Records and know that the record of marriages is very imperfect, particularly about the period from 1774 to 1782, it being a time when there was no settled minister and the justices of the Peace did the most of the marrying. I am also Clerk of the Old Church and find a deficiency in the record of marriages upon their books during the same period there being but seven marriages recorded in about seven years.
The Deed herunto annexed is one taken from my father's papers and I have no doubt states the facts correctly - My Grandfather Ebenezer Bourne died seized with real estate leaving no Will. My father & uncle bought out their Sisters rights to the real estate, this I have been told by my father and the Deed is further evidence of the fact and by the Deed it appears that my aunt Mehetael had a husband in the year 1782, the Deed bearing that date. It is acknowledged by Noah Fearing who is said to have married her in that part of the town, & is recorded Jan 22, 1783 in Book 60 folio 221.
Silvani Bourne

Commonwealth of Massachusetts Plymouth County, Town of Wabum & S s
November 26 th 1850 Then personally
appeared Silvanus Bourne Esquire before me and deposed the foregoing deposition and reduced it to writing with his own hand in my presence, and made oath that the same deposition by him subscribed is true
Before me Seth Miller Jr. Justice of the peace
I certify that the said Silvanus Bourne is well known to me, & that he holds the office of Justice of the peace, and Notary Public and that he is a credible witness, and entitled to as much credit as any witness. Seth Miller Jr. Justice of the peace

State of Vermont / Woodstock June 24th AD 1833 Windson County I personally appeared before me the undersigned a Justice of peace within & for the County of Windson Stephen Gibbs who being duly sworn Deposeth & saith, that by reason of old age & the consequent loss of memory he cannot now recollect the name of the field officer that commanded the Regiment he served in in 1778 - & that he served not less than the periods mentioned below in the following grades, for seven months I served as a Private & for such service I claim a Pension & for the time during which the same was performed I was not employed in any civil pursuit that I served with an incorporated corps called into service by competent authority & performed the same as I have stated in my said Declaration which this is an addition or amendment thereto
I further Depose & say that I cannot obtain any testimony to prove either of my terms of service that I have sent to the place where I lived at the time I enlisted into the service & cannot find any person living who can testify for me & I know of no person living that can testify to any of my services Stephen Gibbs
Sworn & subscribed the day & year first above written Before me, Edwin Hutchinson Justice of the Peace.

State of Vermont } I Benjamin Swan Clerk of Windsor County } Windsor County Court do hereby Certify that Edwin Hutchinson who has subscribed his name to the within is a deponent duly qualified & that the same is his genuine signature
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Woodstock this 24th day of June A.D. 1833
Benj Swan
Stephen G. Foster